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U.S. Department of Education: Promoting Educational Excellence for all Americans
Regulations: Part 300 / A / 300.18 / g

(g) Applicability of definition to ESEA; and clarification of new special education teacher.

(1) A teacher who is highly qualified under this section is considered highly qualified for purposes of the ESEA.

(2) For purposes of Sec. 300.18(d)(3), a fully certified regular education teacher who subsequently becomes fully certified or licensed as a special education teacher is a new special education teacher when first hired as a special education teacher.